Happy Financial New Year

Wish you a Happy New Financial Year! Let this year brings you more profit and wealth to your business and your clients. Generation of e-Way Bill is required for all Inter-State movement from 1st April 2018. Presently, e-way bill operations are not available for intra-state (within the state) movement of goods, except for States of Karnataka, Andhra Pradesh, Gujarat, Kerala, Telangana and Uttar Pradesh. E-way bill operations for intra-state (within the state) will be made available in a phased manner, as and when instructed by GST Council.

In this month, we are going to see in detail about this new addition to GST from this year along with our usual Legal terms and News Bites related to notifications by MCA, SEBI, RBI, IT and GST.

Saranya Deivasigamani,
CEO

e-Way Bill

e-Way bill is a document required to be carried by a person in charge of the conveyance carrying any consignment of goods of value exceeding fifty thousand rupees as mandated by the Government in terms of Section 68 of the Goods and Services Tax Act read with Rule 138 of the rules framed thereunder. It is generated from the GST Common Portal for e-Way bill system by the registered persons or transporters who cause movement of goods of consignment before commencement of such movement.

The consignor or consignee, as a registered person or a transporter of the goods can generate the e-way bill. The unregistered transporter can enroll on the common portal and generate the e-way bill for movement of goods for their clients. Any person can also enroll and generate the e-way bill for movement of goods for his/her own use.

Registration

All the registered persons under GST need to register on the portal of e-way bill namely: www.ewaybillgst.gov.in using GSTIN.

Enrollment

There may be some transporters, who are not registered under the Goods and Services Tax Act, but such transporters cause the movement of goods for their clients. They need to enroll on the e-way bill portal to get 15 digit Unique Transporter Id.

The transporter is required to provide the essential information for enrolment on the EWB portal. The transporter id is created by the EWB system after furnishing the requisite information.

TRANSIN

TRANSIN or Transporter id is 15 digit unique number generated by EWB system for unregistered transporter, once the transporter enrolls on the system which is similar to GSTIN format and is based on state code, PAN and Check sum digit. This TRANSIN or Transporter id can be shared by transporter with clients, who may enter this number while generating e-waybills for assigning goods for transportation.

Pre-requisite

The pre-requisite for generation of e-Way bill is that the person who generates e-Way bill should be a registered person on GST portal and should register in the e-Way bill portal. If the transporter is not registered person under GST it is mandatory to get enrolled on e-waybill portal (https://ewaybillgst.gov.in) before generation of the e-way bill. The documents such as tax invoice or bill of sale or delivery challan and Transporter’s Id, who is transporting the goods with transporter document number or the vehicle number in which the goods are transported, must be available with the person who is generating the e-way bill.

Generation of e-Way Bill

The e-way bill can be generated by the registered person in any of the following methods;-

Web based system
SMS based facility
Android App
Bulk generation facility
Site-to-Site integration
GSP ( Goods and Services Tax Suvidha Provider)

Correction of Details

Any mistake, incorrect or wrong entry in the e-way bill cannot be edited or corrected in the system. Only option available for the transporter is cancellation of e-Way bill and generate a new one with correct details.

Exemptions

The e-way bill is required to transport all the goods except exempted under the notifications or rules. Movement of handicraft goods or goods for job-work purposes under specified circumstances also requires e-way bill even if the value of consignment is less than fifty thousand rupees.

Validity

Validity of the e-Way bill depends upon the distance the goods have to be transported. In case of regular vehicle or transportation modes, for every 100Kms one day is a validity period for EWB as per rule and for part of 100 KM one more day is added. For ex. If approx. distance is 310Kms then validity period is 3+1 days. For movement of Over Dimensional Cargo (ODC), the validity is one day for every 20 KM (instead of 100 KM) and for every 20KM or part thereof one more day is added.

This can be explained by following examples –

(i) Suppose an e-way bill is generated at 00:04 hrs. on 14th March. Then first day would end on 12:00 midnight of 15 -16 March. Second day will end on 12:00 midnight of 16 -17 March and so on.

(ii) Suppose an e-way bill is generated at 23:58 hrs. on 14th March. Then first day would end on 12:00 midnight of 15 -16 March. Second day will end on 12:00 midnight of 16 -17 March and so on.

The validity of the e-way bill starts when first entry is made in Part-B i.e. vehicle entry is made first time in case of road transportation or first transport document number entry in case of rail/air/ship transportation, whichever is the first entry.It may be noted that validity is not re-calculated for subsequent entries in Part-B.

The approximate distance for movement of consignment from the source to destination has to be considered based on the distance within the country. That is, in case of export, the consignor place to the place from where the consignment is leaving the country, after customs clearance and in case of import, the place where the consignment is reached the country to the destination place and cleared by Customs.

If validity of the e-way bill expires, the goods are not supposed to be moved. However, under circumstance of ‘exceptional nature and trans-shipment’, the transporter may extend the validity period after updating reason for the extension and the details in PART-B of FORM GST EWB-01.

Type of Transactions

For transportation of goods in relation to all types of transactions such as outward supply whether within the State or interstate, inward supply whether from within the State or from interstate including from an unregistered persons or for reasons other than supply also e-way bill is mandatory. However, from 1st April 2018, e-way is required only for interstate movement. The e-way requirement for intra state movement will be notified later.

Part-A & B Slip

Part-A Slip is a temporary number generated after entering all the details in PART-A. This can be shared or used by transporter or the registered person later to enter the PART-B and generate the E-way Bill.

Sometimes, taxpayer wants to move the goods to self. e-Way bill Portal expects the user to enter transporter ID or vehicle number. So if the user wants to move the goods to self, they can enter GSTIN in the transporter Id field and generate Part-A Slip. This indicates to the system that the user is a transporter and can enter details in Part-B later when transportation details are available.

The person in charge of a conveyance shall carry the invoice or bill of supply or delivery challan, bill of entry as the case may be and a copy of the e-way bill number generated from the common portal. Please refer relevant rules for details.

The registered person can generate the e-way bill from their account from any registered place of business. However, he/she needs to enter the address accordingly in the e-way bill. He/she can also create sub-users for a particular business place and assigned the role for generating the e-way bill to that sub user for that particular business place.

When consignee or recipient rejects to take the delivery of consignment, the transporter can get one more e-way bill generated with the help of supplier or recipient by indicating supply as ‘Sales Return’ with relevant documents, return the goods to the supplier as per their agreement.

Multiple invoices

If multiple invoices are issued by the supplier to recipient, that is, for movement of goods of more than one invoice of same consignor and consignee, multiple EWBs have to be generated.

Bill to-Ship to

The tax payer raises the bill to somebody and sends the consignment to somebody else as per the business requirements their details are provided under Bill to—Ship to details.

Bill From—Dispatch From

The supplier prepares the bill from the business premises to consignee, but moves the consignment from some others’ premises to the consignee as per the business requirements. These details are provided under Bill From—Dispatch From details.

Forms

Forms used in e-Way bill system are:

Form Name	Use
Form GST EWB-01	E-Way Bill
Form GST EWB-02	Consolidated E-Way Bill
Form GST EWB-03	Verification Report
Form GST EWB-04	Report of detention
Form GST ENR-01	Application for Enrolment under section 35 (2)
Form GST INV-1	Generation of Invoice Reference Number

The Registration and Compliance of e-Way can be made through ewaybillgst.gov.in It is the additional opportunity and exploring area for professionals like GST experts, CA, CS and CMA who work on GST.

Legal Term

Injuria sine damno

Injury without damage.

MCA Updates

Constitution of Steering Committee on Corporate Social Responsibility to review the functioning of CSR enforcement & to recommend a uniform approach for its enforcement.

SEBI Updates

Guidelines for issuance of debt securities by Real Estate Investment Trusts (REITs) and Infrastructure Investment Trusts (InvITs)”.
Investments by FPIs in Government and Corporate debt securities.
Performance disclosure post consolidation/ Merger of Schemes.
Clarifications with respect to circular on “Specifications related to International Securities Identification Number (ISINs) for debt securities issued under the SEBI (Issue and Listing of Debt Securities) Regulations, 2008.

RBI Updates

Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017 (Amended up to April 06, 2018) .
Foreign Exchange Management (Cross Border Merger) Regulations, 2018 .

Income Tax Updates

Income-tax (3rd—5th Amendment) Rules, 2018.

GST Updates

Advisory for change in taxpayer type from SEZ to Regular or Regular to SEZ.